7/19, 13:37] Sekarreporter 1: https://wwwsekarreporter.wordpress.com/petitioners-counsel-s-haja-mohideen-gisthi-brought-it-to-the-notice-of-the-court-that-only-postgraduate-students-were-required-to-sign-such-bonds-that-too-for-a-period-of-two-years-by-some/ [7/19, 13:37] Sekarreporter 1: https://www.google.com/amp/s/wwwThe core question that arises in all these Writ Petitions is the validity of the Bonds that were extracted from the petitioners or their guardians at the time of admission into MBBS course in the third respondent college run by the second respondent viz., The Employees State Insurance Corporation. Since all the petitioners are similarly placed and their grievances are common, these Writ Petitions were taken up for hearing together and are disposed of by a common order.

[7/19, 13:37] Sekarreporter 1: https://wwwsekarreporter.wordpress.com/petitioners-counsel-s-haja-mohideen-gisthi-brought-it-to-the-notice-of-the-court-that-only-postgraduate-students-were-required-to-sign-such-bonds-that-too-for-a-period-of-two-years-by-some/
[7/19, 13:37] Sekarreporter 1: https://www.google.com/amp/s/www.thehindu.com/news/national/tamil-nadu/doctors-passing-out-from-esic-colleges-cant-be-forced-to-serve-for-five-years-hc/article32127113.ece/amp/
[7/19, 13:38] Sekarreporter 1: W.P.Nos.7856 to 7858, 8363 of 2020
8433, 8434, 8435, 8436, 8437, 8440
and 8306, 8438 and 8439 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on
19.06.2020
Delivered on
15.07.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.7856 to 7858, 8363 of 2020
8433, 8434, 8435, 8436, 8437, 8440 and 8306, 8438 and 8439 of 2020
and connected Miscellaneous Petitions
Dr.S.Praveen Kumar, … Petitioner in W.P.No.7856 of 2020
Dr.Sudalai Selvam.M … Petitioner in W.P.No.7857 of 2020
Ms.B.Thanuja … Petitioner in W.P.No.7858 of 2020
Dr.J.Bhavana … Petitioner in W.P.No.8363 of 2020
Dr.P.Kavya … Petitioner in W.P.No.8433 of 2020
Dr.Logamani. P.K. … Petitioner in W.P.No.8434 of 2020
Dr.Logesh.T … Petitioner in W.P.No.8435 of 2020
Dr.R.Seshadri … Petitioner in W.P.No.8436 of 2020
Dr.M.Subhashini … Petitioner in W.P.No.8437 of 2020
Dr.Rashmi.R.L. … Petitioner in W.P.No.8440 of 2020
1/20 http://www.judis.nic.in
[7/19, 13:38] Sekarreporter 1: W.P.Nos.7856 to 7858, 8363 of 2020
8433, 8434, 8435, 8436, 8437, 8440
and 8306, 8438 and 8439 of 2020

  1. The Medical Council of India,
    Rep. By its Secretary,
    Pocket No.15, Sector 8, Dwarka,
    Phase – 1, New Delhi – 110 077. … Respondents 1 to 6 in all the
    Petitions
  2. The President,
    National Board of Examinations,
    Medical Enclave, Ansari Nagar,
    Ring Road, New Delhi – 110 029. …7th
    Respondent in WP 8363
    & 8436 of 2020
    PRAYER in all the Petitions: Writ Petition is filed under Article 226 of the
    Constitution of India, to issue a Writ of Ceritorarified Mandamus praying to
    call for the records pertaining to the Office Order No.03/2019, dated
    03.05.2019 vide No.L-11/12/3/2018 – (Bond)MECell of the 2
    nd respondent by
    which the Petitioner has been appointed as ESIC Junior Resident under ESI
    Residency Scheme on the basis the additional criteria for execution of a bond
    including the surety bond executed by the petitioner’s parents in the prescribed
    format for compulsory five year service in Hospitals run and administered by
    the 2
    nd respondent Corporation and quash the same and consequently forbear
    the 2
    nd and 3
    rd
    respondents from enforcing the bond/surety bond executed by the
    petitioner and the petitioner’s parents respectively.
    3/20 http://www.judis.nic.in
    [7/19, 13:39] Sekarreporter 1: W.P.Nos.7856 to 7858, 8363 of 2020
    8433, 8434, 8435, 8436, 8437, 8440
    and 8306, 8438 and 8439 of 2020
    For Petitioner : Mr.Haja Mohideen Gisthi,
    (in all the petitions) for Mr.T.K.S.Gandhi
    For Respondent 1 : Mr.R.Vasudevan,
    For Respondent 2 & 3 : Mr. Mr.TNC Kaushik,
    For Respondent 4 : Mr.G.Sankaran,
    For Respondent 5 : Mr.Abdul Saleem,
    For Respondent 6 : Mr.V.P.Raman,
    C O M M O N O R D E R
    This matter is taken up for final hearing through Video-Conferencing
    with the consent of all the counsel.
  3. The core question that arises in all these Writ Petitions is the validity
    of the Bonds that were extracted from the petitioners or their guardians at the
    time of admission into MBBS course in the third respondent college run by the
    second respondent viz., The Employees State Insurance Corporation. Since all
    the petitioners are similarly placed and their grievances are common, these Writ
    Petitions were taken up for hearing together and are disposed of by a common
    order.
    4/20 http://www.judis.nic.in
    [7/19, 13:39] Sekarreporter 1: W.P.Nos.7856 to 7858, 8363 of 2020
    8433, 8434, 8435, 8436, 8437, 8440
    and 8306, 8438 and 8439 of 2020
    Bench:
    1) Whether the second respondent Corporation has
    the power to incorporate or super add an
    additional condition for admitting students, who
    are allotted to it for admission under the State
    quota.
    2) Whether the stipulation requiring the students,
    who are allotted under the State quota to execute
    a bond, is in violation of Article 14 of the
    Constitution of India.
    3) Whether the second and third respondents, who
    do not offer any concessional fee to the students
    could enforce the bonds executed under duress.
  4. I therefore, direct the Registry to place the matter before the Hon’ble
    the Chief Justice, for constitution of a Larger Bench for hearing these cases.
    15-07-2020
    jv
    17/20 http://www.judis.nic.in

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